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7 U.S.C. § 2567 — Limitation of damages; marking and notice
Federal law — U.S. Code and appendices · legal_authorities
Owners may give notice to the public by physically associating with or affixing to the container of seed of a variety or by fixing to the variety, a label containing either the words “Unauthorized Propagation Prohibited” or the words “Unauthorized Seed Multiplication Prohibited” and after the certificate issues, such additional words as “U.S. Protected Variety”. In the event the variety is distributed by authorization of the owner and is received by the infringer without such marking, no damages shall be recovered against such infringer by the owner in any action for infringement, unless the infringer has actual notice or knowledge that propagation is prohibited or that the variety is a protected variety, in which event damages may be recovered only for infringement occurring after such notice. As to both damages and injunction, a court shall have discretion to be lenient as to disposal of materials acquired in good faith by acts prior to such notice.
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Stable record: federal_law:legal_authorities:record_usc_0cdef5fdb8c0de9e6ee2d219
Source file: Laws/federal/codes/united-states-code/title-7/section-2567-limitation-of-damages-marking-and-notice--a52dc3d8ee.md
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Passage SHA-256: 07be15f5f721636abcbadce838099288417f68ac002415eed12da7b3f33527ca
Source location: Title 7, Chapter 57, § 2567; chapter-057-plant-variety-protection.md
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Owners may give notice to the public by physically associating with or affixing to the container of seed of a variety or by fixing to the variety, a label containing either the words “Unauthorized Propagation Prohibited” or the words “Unauthorized Seed Multiplication Prohibited” and after the certificate issues, such additional words as “U.S. Protected Variety”. In the event the variety is distributed by authorization of the owner and is received by the infringer without such marking, no damages shall be recovered against such infringer by the owner in any action for infringement, unless the infringer has actual notice or knowledge that propagation is prohibited or that the variety is a protected variety, in which event damages may be recovered only for infringement occurring after such notice. As to both damages and injunction, a court shall have discretion to be lenient as to disposal of materials acquired in good faith by acts prior to such notice.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** As used in this chapter:
(1) **Asexually reproduced** — The term “asexually reproduced” means produced by a method of plant propagation using vegetative material (other than seed) from a single parent, including cuttings, grafting, tissue culture, and propagation by root division.
(2) **Basic seed** — The term “basic seed” means the seed planted to produce certified or commercial seed.
(3) **Breeder** — The term “breeder” means the person who directs the final breeding creating a variety or who discovers and develops a variety. If the actions are conducted by an agent on behalf of a principal, the principal, rather than the agent, shall be considered the breeder. The term does not include a person who redevelops or rediscovers a variety the existence of which is publicly known or a matter of common knowledge.
(4) **Essentially derived variety**
(A) *In general* — The term “essentially derived variety” means a variety that—
(i) is predominantly derived from another variety (referred to in this paragraph as the “initial variety”) or from a variety that is predominantly derived from the initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety;
(ii) is clearly distinguishable from the initial variety; and
(iii) except for differences that result from the act of derivation, conforms to the initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of the initial variety.
(B) *Methods* — An essentially derived variety may be obtained by the selection of a natural or induced mutant or of a somaclonal variant, the selection of a variant individual from plants of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Acts constituting infringement** Except as otherwise provided in this subchapter, it shall be an infringement of the rights of the owner of a protected variety to perform without authority, any of the following acts in the United States, or in commerce which can be regulated by Congress or affecting such commerce, prior to expiration of the right to plant variety protection but after either the issue of the certificate or the distribution of a protected plant variety with the notice under [section 2567 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2567&num=0&edition=prelim):
(1) sell or market the protected variety, or offer it or expose it for sale, deliver it, ship it, consign it, exchange it, or solicit an offer to buy it, or any other transfer of title or possession of it;
(2) import the variety into, or export it from, the United States;
(3) sexually or asexually multiply, or propagate by a tuber or a part of a tuber, the variety as a step in marketing (for growing purposes) the variety;
(4) use the variety in producing (as distinguished from developing) a hybrid or different variety therefrom;
(5) use seed which had been marked “Unauthorized Propagation Prohibited” or “Unauthorized Seed Multiplication Prohibited” or progeny thereof to propagate the variety;
(6) dispense the variety to another, in a form which can be propagated, without notice as to being a protected variety under which it was received;
(7) condition the variety for the purpose of propagation, except to the extent that the conditioning is related to the activities permitted under [section 2543 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2543&num=0&edition=prelim);
(8) stock the variety for any of
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2541
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Federal law — U.S. Code and appendices · legal_authorities
Except to the extent that such action may constitute an infringement under subsections (3) and (4) of section 2541 11 See References in Text note below. of this title, it shall not infringe any right hereunder for a person to save seed produced by the person from seed obtained, or descended from seed obtained, by authority of the owner of the variety for seeding purposes and use such saved seed in the production of a crop for use on the farm of the person, or for sale as provided in this section. A bona fide sale for other than reproductive purposes, made in channels usual for such other purposes, of seed produced on a farm either from seed obtained by authority of the owner for seeding purposes or from seed produced by descent on such farm from seed obtained by authority of the owner for seeding purposes shall not constitute an infringement. A purchaser who diverts seed from such channels to seeding purposes shall be deemed to have notice under [section 2567 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2567&num=0&edition=prelim) that the actions of the purchaser constitute an infringement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 2543
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Federal law — U.S. Code and appendices · legal_authorities
Page 1511
TITLE 7—AGRICULTURE
§ 2568
ther event the court may increase the damages
up to three times the amount determined.
(c) The court may receive expert testimony as
an aid to the determination of damages or of
what royalty would be reasonable under the cir-
cumstances.
(d) As to infringement prior to, or resulting
from a planting prior to, issuance of a certifi-
cate for the infringed variety, a court finding
the infringer to have established innocent inten-
tions, shall have discretion as to awarding dam-
ages.
(Pub. L. 91–577, title III, § 124, Dec. 24, 1970, 84
Stat. 1556.)
§ 2565. Attorney fees
The court in exceptional cases may award rea-
sonable attorney fees to the prevailing party.
(Pub. L. 91–577, title III, § 125, Dec. 24, 1970, 84
Stat. 1556.)
§ 2566. Time limitation on damages
(a) No recovery shall be had for that part of
any infringement committed more than six
years (or known to the owner more than one
year) prior to the filing of the complaint or
counterclaim for infringement in the action.
(b) In the case of claims against the United
States Government for unauthorized use of a
protected variety, the period between the date
of receipt of written claim for compensation by
the department or agency of the Government
having authority to settle such claim, and the
date of mailing by the Government of a notice
to the claimant that the claim has been denied
shall not be counted as part of the period re-
ferred to in the preceding paragraph.
(Pub. L. 91–577, title III, § 126, Dec. 24, 1970, 84
Stat. 1556; Pub. L. 103–349, § 13(u), Oct. 6, 1994, 108
Stat. 3144.)
Editorial Notes
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–349 substituted ‘‘the’’
for ‘‘his’’ before ‘‘claim has been denied’’.
Statutory Notes and Related Subsidiarie
Source: Supplied 2024 U.S. Code historical extraction · 7 U.S.C. § 2567
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